Quincey report suggested DA review

UPLAND - The original police report taken during a domestic dispute between former City Manager Robb Quincey and his ex-fiancee requested that the case be sent to the San Bernardino County District Attorney's Office.

However, it appears the final report filed July 27, 2008, was never sent to the district attorney. The case status on the final report is "exceptional clearance," citing that the woman did not want to press charges.

The report spawned a settlement with one of the investigating officers and a police union attorney. Quincey was terminated in May by the City Council.

The District Attorney's Office did not receive a copy of the report, spokesman Chris Lee said.

Representatives of the office cannot say if it is common for a report's status to change, Lee said.

"It's hard for us to determine because we're not the investigating agency in this case," Lee said.

"We certainly have expectations that each case is handled objectively, but, ultimately, we have no authority or oversight of the law agency involved."

Upland's acting police chief, Jeff Mendenhall, said he could not specifically address Quincey's report but that the status of the case can be labeled in various ways, such as "open" or "exceptional clearance."

"The exceptional clearance is if a victim does not desire prosecution then the case can be cleared for reporting purposes as it had been solved," Mendenhall said. "When a victim does not desire prosecution, there is no need to send it to the district attorney."

Upland police officers were called to the home of Quincey's ex-fiancee on July 27, 2008, after she received three text messages from him that she found threatening.

The officers also investigated claims that Quincey kicked and punched her car when she was leaving his residence earlier in the day.

One of the officers - Lt. John Moore, who was a sergeant at the time - later threatened to sue the city alleging he was retaliated against for investigating the incident.

In Moore's claim, which was sent directly to Quincey in January 2010 and not officially filed with City Hall, the officer said Quincey and Police Chief Steve Adams pressured him to destroy the report, but he refused.

As a result, Moore said he was harassed by Adams and Quincey and was turned down for a promotion by the Police Department.

Quincey agreed to settle with the officer for at least $25,000 in attorneys fees and a promotion to lieutenant. A second claim filed by Upland police officers was settled at the same time for an additional $25,000.

Quincey was fired by the City Council in May for failing to follow special council direction and violating his employment agreement.

He has not been charged with any crimes.

City officials have not confirmed if the fallout from the incident at the home of Quincey's ex-fiancee led to his termination.

Quincey's attorney, Michael Zweiback, said Quincey did not place pressure on Adams or the officer to get rid of the report.

"We absolutely deny that there was any pressure placed upon the investigating officer or the Upland Police Department regarding any aspect of that report," Zweiback said. "It was thoroughly investigated. In fact, we believe it was investigated beyond what it should have been because Robb was a public official and it was a case that was ultimately declined based upon an evaluation by the investigating agency."

Zweiback said the report was not the motivation for settling the dispute.

"Mr. Quincey settled the lawsuit based upon what he felt was the best interest of the city in avoiding lengthy and costly litigation with respect to this issue," Zweiback said.

Quincey does not believe that there was a conflict of interest in settling the dispute, Zweiback said.

"It was something that was vetted with people in the city, including the then-mayor who was well aware of what was transpiring in terms of the settlement, and it was made well within his authority to settle such a matter," he said.

A copy of the report was given to the FBI as part of its Upland-based investigation.

"I know the FBI has been involved, but I cannot speak to the particulars of that case," Mendenhall said.

Zweiback said Quincey has not been contacted by the District Attorney's Office or the FBI regarding the report.

Stephen Larson, the attorney for Adams, said the police chief was not pressured to change anything in any police report.

"Any changes, any editing of the report was done at the level below the chief," Larson said. "Chief Adams was not involved in the (compilation) of the report at all."

The District Attorney's Office does not expect law enforcement agencies to submit reports on the basis that a public official is involved, Lee said.

"Ultimately, it rests in the agency's hands whether it's a public official or not," Lee said.

Larson said it was not unusual for a case of this nature not to be referred to the District Attorney's Office because the alleged victim did not seek prosecution and there was no reported physical violence to her.

Also, Adams would not have sent the report to the District Attorney's Office simply based on the involvement of a public official.

"Chief Adams was always committed through his entire career in the Police Department to treat everyone the same," Larson said. "Rich, poor, everybody received the same equal treatment under the law. That's been a hallmark under Chief Adams' career."